Written answers
Thursday, 17 February 2022
Department of Rural and Community Development
Rights of Way
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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31. To ask the Minister for Rural and Community Development the progress that has been made with regard the provision of indemnification for farmers with land that is accessible to the public for hill walking. [7838/22]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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My Department has, for some time, been examining how best to introduce a scheme to indemnify private land owners in upland areas who allow access to their lands for recreational purposes. This is a complex issue and my Department has been advised that an indemnity scheme such as has been proposed would require legislative provision and that a number of separate pieces of legislation might need to be amended.
In light of the complexities involved, my officials have been considering alternative pilot approaches, including an insurance solution, to address the matter on an interim basis. Through this process, a public liability insurance policy was secured by my Department for the two existing Mountain Access Project areas, the MacGillycuddy Reeks in Kerry and Binn Sléibhe in Galway, and came in to effect from 13thAugust 2021.
This pilot solution was developed in consultation with Comhairle na Tuaithe and is being implemented on a two year trial basis. The policy represents a substantial step forward on this matter for landowners in the two Mountain Access Project areas involved.
Other options around indemnity and potential amendments to the Occupiers' Liability Act will continue to be explored and progressed as appropriate over the coming months. My Department is also engaging further with the Attorney General on this matter.
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